Bimal N. Patel
The current issue of the GNLU Journal on Law, Development and Politics is set for publication at a highly crucial and volatile time, when India the world’s biggest living, breathing dynamic democracy goes to poll. The Election commission is all set for the 16th Lok Sabha to take the challenge to ensure a free, fair and peaceful manner.
As per the Election Commission of India press release, the total electorate in the country as per is approximately 814.5 million compared to 713 million in 2009. There has been a remarkable increase in the enrollment of electors in the age group of 18 to 19 years. Electors in the age group of 18 to 19 years now constitute 2.88% of total electors, against 0.75% in 2009. Since 2012 the Commission has also allowed enrollment of transgender persons with gender written as “Others”. Presently there are approximately 9,30,000 Polling Stations in the country, as compared to 8,30,866 in 2009 an increase of nearly 11.9 percent Polling Stations.
The parties have geared all its resources including loud rallies and colourful posters announcing its policies and haw their chosen candidate is going to bring a change for the betterment of life of its citizens. While most psephologist or political pundits predict that voters will turn against the Manmohan Singh government and hope that the BJP led by Modi will usher a change more like China, open for business and dedicated to get things done. At the same time one cannot undermine the rise of the Aam Aadmi Party, supporting the common man and railing against ubiquitous corruption and the regional parties who has a real chance of grabbing some major share of power.
The World Programme of Action for Youth recognised that active engagement of young people is central effective decision making and that young people are part of solution to the difficulties they face. Democratic participation is not an end in itself; as a procedural right, it represent the means through which they may participate and influence the process and the outcome and realise their rights. As Matt Mulberry put forth that the fifth pillar of Indian democracy is channelling people power against corruption. With all the uncertainties it is yet to be seen as to how the young generation perceive democracy, how they participate and who they choose.
The present volume of GJLDP touches on some of the very essence of democrat in term of upholding the civil liberties of its citizens. The article ‘Valid till Marriage: A Constitutional faux pa’ discusses the permanent Resident (disqualification) bill introduced in the J&K state legislature dis- qualifying women from holding the permanent resident status on marrying outside the state thus depriving women of all rights associated with resident statue. This raises bigger question of right to property, franchise etc. While it raises the justifiability of the bill in the light of the basic spirit of the constitution.
The article, ‘Alma-Ata Declaration: Ambitious Vision and Achieved Reality’ traces the history of the concept of primary health care to 1973 when the League of Nations Health Organisation convened for an Intergovernmental Conference of Far-Eastern Countries on Rural Hygiene in Bandung, Indonesia. The recommendations made at the conference aimed at health for all by the year 2000. The debate is on how to make health a fundamental human rights in countries all over the world. It has also been argued that “right to health” is an all inclusive right extending not only to timely and appropriate health care but also to the underlying determinants of health, such as access to safe drinking water, adequate sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and environmental conditions, and access to health-related information. It is the enjoyment of a variety of facilities and conditions necessary for the realization of the highest attainable standard of health. The author suggest that in order to realize this vision, there needs to be a worldwide inter-sectoral commitment that enables people to organize freely around their interests and to support their health initiatives
The next article, ‘Right to Public Services Legislation in India: Good Beginning but Challenges Galore’ examines the provision of the RPSL. RPSL conceives the service as right of the citizens rather than the mercy of the government servants and provides for punishment of government servants if they fail to provide service within stipulated time. The author examines the challenges the implementation of the act faces in terms of resources and infrastructure. An awakened citizenry, proper monitoring mechanism, involvement of civil society institutions and awareness of officials on the changing need of administration and on the utility of the legislation are also crucial questions that need to be addressed.
The article ‘Pleas Bargaining- An Indian Approach’ attempts to examine the concept of plea bargaining in the context of the Indian criminal justice system. The bill was introduced as an alternative remedy and in response to the delay in disposal of criminal case and the appalling plight of under trail prisoners in jail. To achieve the objective of the bill the judiciary and the bar should play an important role in encouraging litigants to opt for plea bargaining and not perceive it as a threat to their profession. With most of the countries of the shifting to ADR, plea bargaining may be one of the best recourse as an ADR mechanism to meet the challenges of disposal of cases.
The article, “ Scripting Women in Modern Political System in India: Roots and Routes ” examines the continuing discrimination against women despite women empowerment being buzz word today. While we have always been conscious to popularise the institutes/processes which can establish that Indian society is not gender biased, it is true that, marginally or generally, women are socially and politically exploited. The authors seek to find the rationale behind it, if there exists any, which caused the making of contemporary India where women are increasingly used and abused, socially and politically. The authors attempt is to reach to those causes and frame a thematic interpretation, analysing a particular case of Indian story of women and gender as an identity construct.
The article, “Nuclear Energy: Scientific and Legal Development – An Indian Perspective”, focuses on the scientific development in India staring from the constitutional set-up of the atomic department. The paper examines the scientific aspect of nuclear reactor and its classes for the development of nuclear technology and how to harness the nuclear energy especially in light of the fact that India possesses two thirds of global reserves of monazite, the primary thorium ore which can be utilized as the nuclear fuel. The paper also highlights the developments in the legal arena in terms the legislative and regulatory framework which not supports the research and technical developments in the field of nuclear energy but also to harness the benefit of in a safe and secured manner Thus, Volume 4, Issue 1, April 2014 of the GJDLP focuses more on emerging issues of rights and the changing needs and demands as to how India as a democratic country could broaden the ambit of the enjoyment of rights. In the light of the election I would like to quote, Kofi Annan, Secretary-General of the United Nations:
“No one is born a good citizen; no nation is born a democracy. Rather, both are processes that continue to evolve over a lifetime. Young people must be included from birth. A society that cuts itself off from its youth severs its lifeline; it is condemned to bleed to death.”
Thomas Mathew
Abstract
Energy acts as a key factor in determining the economic development of a country, and to support the economic growth and community prosperity, modern societies are becoming increasingly dependent on reliable and secure electricity supplies to various sectors. This paper focuses on the scientific development in India staring from the constitutional set-up of the whole atomic department. The nuclear reactor and its classes viz., on the basis of the components and the purpose are continuously being used for the development of nuclear technology and also in understanding the problems being faced to conduct or harness the nuclear energy in a reactor. The various components being an integral part of a nuclear reactor play an important role in an efficient and safe generation of the electricity in turn in achieving the goal. There are several difficulties in the working of a reactor and continuous efforts are being put to understand and work over them. The paper also highlights the developments undertaken by India in the legal arena so that nuclear energy sector is able to meet or cater the large concentrated energy needs especially in light of the fact that India possesses two thirds of global reserves of monazite, the primary thorium ore which can be utilized as the nuclear fuel. The nuclear accidents that occurred across the world not only made India to adapt to the latest scientific measures but also legal measures in order to safeguard the interests of its nationals apart from working towards international cooperation
Ramesh Chandra Sethi
Abstract
The concept of primary health care can be traced back to 1973 when the League of Nations Health Organisation convened for an Intergovernmental Conference of Far- Eastern Countries on Rural Hygiene in Bandung, Indonesia. The recommendations made at the conference foreshadowed those made at the International Conference on Primary Health Care (PHC) at Alma- Ata, USSR (Kazakhstan) 40 years later. The declaration united a total of 134 member countries in one voice to achieve “Health for All by 2000 AD”. Although the declaration promised to achieve certain goals, the promises till today remain in words as there has been no change in the situation even after the passage of more than three decades since the declaration.
Shaista Amin
Abstract
Plea Bargaining is widely resorted to in United States of America so much so that ninety to ninety five percent of criminal cases end with the negotiated agreements rather than court room trails. By virtue of the Criminal Law (Amendment) Act, 2005, plea bargaining has been introduced into the Criminal Procedure Code of 1973, which has come into effect from July 5, 2006. It has accordingly been amended by adding Chapter XXI-A consisting of 12 Sections. The introduction of plea bargaining in the Indian criminal justice system is largely a response to the deplorable status quo, reflected in the delay in disposal of criminal cases and appeals, the huge arrears of cases and the appalling plight of under trail prisoners in jails. The bill attracted enormous public debate. Critics of the plea bargaining system, allege that it is not recognized in practice and is against public policy1 under our criminal justice system. This paper is an attempt to examine and understand the Indian concept of plea bargaining.
Dr. Bikash Chandra Dash
Abstract
Right to Public Service Legislation (RPSL) makes provision of punishment for government servants if they fail to provide service within stipulated time and RPSL conceives the service as right of the citizens rather than the mercy of the government servants. However, within the prevailed administrative ecology in the country, the biggest challenge lies in the implementation of the RPSL which demands appropriately skilled and professionally cultured work force. Arranging for the resources to train large number of employees, availability of equipment like internet connection, printer, photocopy facility etc., including power supply are the challenges for the successful implementation of the legislation. An awakened citizenry, proper monitoring mechanism, involvement of civil society institutions and awareness of officials on the changing need of administration and on the utility of the legislation also crucial questions in the context.
Dr. Seema Nargotra
Abstract
The essence of a democracy lies in upholding the civil liberties of its citizens. When a State enacts legislations actually encroaching upon the fundamental rights of the citizens, it makes democracy a farce. Permanent Resident (Disqualification) Bill introduced in the J&K State legislature, first in 2004 and then in 2010, disqualifying the women of the State from holding the permanent resident status in the State on marrying outside the State presents a clear example of such law eventually depriving women of all other rights associated with the permanent resident status, namely the right to own/ inherit property in the State, take up jobs in the state, right to vote and to contest elections in the State. Can the special status of the State of J&K warrant fundamental rights be held to ransom by political class in the State? The paper, traversing through the history of the permanent resident status in the State of J&K and its politicization, focuses at the legitimacy, the constitutionality of such draconian law which keeps on haunting the women of the State of J&K even today in view of the adamancy of the major political parties in the State to bring in the Bill.
Ravi Saxena and Saurabh Anand
Abstract
Now-a-days, women empowerment is a buzz word in the governmental corridors. We see around that various reputed universities and institutes in today’s India are consistently and (seemingly) emphatically involved in this process as if a) we, as a society, have been since long, or civilizationally, discriminating against or marginalising the other gender, the women in India and b) in terms of institutionalisation, we have always been conscious to popularise the institutes/processes which can establish that Indian society is not gender biased. But, academics apart, we, as a part of Indian society (urban and rural both paradoxically), all are aware that we do discriminate with the other sex and, this contributes its becoming a category we call “weaker sex”. Why this? Or is it so natural to discriminate against women in all societies? If it is universally so true that, marginally or generally, women are socially and politically exploited, then what is the rationale behind it, if there exists any, in any of the societies of the world.
Our attempt, in this research paper, is to focus on the issues related to the search for the rationale which caused the making of contemporary India where women are increasingly used and abused, socially and politically. Ironically, the civilizational understanding of Indian society forces us to infer that women in Indian society, since its past, have always been revered. Its mythology, folklore and legend support this rationale. Precisely, a woman, socially so revered, can not be marginalised politically in any society. Examples are well explanatory if we quote the Scandinavian societies in Europe. But it is not the same for the whole lot of developed neo-liberal societies of the West. Globalisation, not only in India, but also in Europe and in America, catered negatively to the restoration of the well-being of the other gender, the women. How education, that emphasises its claims on the merit of rationality, delivers the justification of this kind of deficit in gender-justice? In this research paper, We would try to reach to those causes and frame a thematic interpretation, analysing a particular case of Indian story of women and gender as an identity construct.
